Membership questions? Log in issues? Email info@brewersassociation.org

Author Topic: Trappist Yeasts  (Read 25259 times)


Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #31 on: June 30, 2017, 01:15:27 pm »
So Colorado has 2 pretty cool rules written in the Law. I am not sure if this is in the Federal Law, but it might be there too. Everyone should check if their State has this, and if you live in Colorado and Brew Wine and share it and maybe even if you have parties, you can legally start Brewing pretty much unlimited amounts, and actually selling it untaxed, because Religion can not be taxed.

https://www.homebrewersassociation.org/homebrewing-rights/statutes/colorado/

shall not include confectionery containing alcohol within the limits prescribed by section 25-5-410 (1) (i) (II), C.R.S.

12-47-106. Exemptions. (1) The provisions of this article shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.
(And Religious exercise is defined by the Federal Government as "Any exercise of religion whether or not compelled by, or central to, a system of Religious belief". So Religious gatherings with Alcohol, or brewing Alcohol for Religious gatherings could fit the definition.)

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #32 on: June 30, 2017, 01:31:37 pm »

(d)Brewer
For purposes of this chapter, the term “brewer” means any person who brews beer or produces beer for sale. Such term shall not include any person who produces only beer exempt from tax under section 5053(e).

Big Monk

  • Guest
Re: Trappist Yeasts
« Reply #33 on: June 30, 2017, 01:34:17 pm »
You're throwing a lot of law around that I'm not sure you understand.


Sent from my iPhone using Tapatalk Pro

Offline denny

  • Administrator
  • Retired with too much time on my hands
  • *****
  • Posts: 27133
  • Noti OR [1991.4, 287.6deg] AR
    • Dennybrew
Re: Trappist Yeasts
« Reply #34 on: June 30, 2017, 01:54:34 pm »
You're throwing a lot of law around that I'm not sure you understand.


Sent from my iPhone using Tapatalk Pro

THIS^^^^^
Life begins at 60.....1.060, that is!

www.dennybrew.com

The best, sharpest, funniest, weirdest and most knowledgable minds in home brewing contribute on the AHA forum. - Alewyfe

"The whole problem with the world is that fools and fanatics are always so certain of themselves, and wiser people so full of doubts." - Bertrand Russell

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #35 on: June 30, 2017, 01:59:34 pm »
You're throwing a lot of law around that I'm not sure you understand.


Sent from my iPhone using Tapatalk Pro

I definitely understand. I have won a Religious Marijuana case, in Texas. As well as cases for driving on the wrong side of the road and playing my music too loud. I can write a Memorandum of Law, or a Writ. I have met Lawyers that can't even write a writ, and any lawyer I talk to is usually impressed with my ability to build a case. So I know what I am doing. I have been forced into the legal system since I was 14 because of my Religion, which caused the Police to believe they had reason to arrest me over and over. But I have since figured out the law, and won cases and everything.
« Last Edit: June 30, 2017, 02:04:00 pm by Sasha »

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #36 on: June 30, 2017, 02:00:51 pm »
I also helped someone with an organized retail theft case, and got it dropped to theft because it was under $500. And I got someone's 2nd credit card fraud charge dropped, because they used 1 card in 2 places. And I helped someone with an Involuntary Manslaughter charge, and he was in a wheelchair and the other guy was dead.

narvin

  • Guest
Re: Trappist Yeasts
« Reply #37 on: June 30, 2017, 02:05:47 pm »
I also helped someone with an organized retail theft case, and got it dropped to theft because it was under $500. And I got someone's 2nd credit card fraud charge dropped, because they used 1 card in 2 places. And I helped someone with an Involuntary Manslaughter charge, and he was in a wheelchair and the other guy was dead.

Well as all the good lawyers say, This is Not Legal Advice and Should Not Be Construed As Such.  But if I were you I'd be a little more careful because you don't want to be on the wrong side of the IRS.

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #38 on: June 30, 2017, 02:15:09 pm »
I also helped someone with an organized retail theft case, and got it dropped to theft because it was under $500. And I got someone's 2nd credit card fraud charge dropped, because they used 1 card in 2 places. And I helped someone with an Involuntary Manslaughter charge, and he was in a wheelchair and the other guy was dead.

Well as all the good lawyers say, This is Not Legal Advice and Should Not Be Construed As Such.  But if I were you I'd be a little more careful because you don't want to be on the wrong side of the IRS.

I am not saying that I am going to do this. I am just saying that if Hobby Lobby can have a Religion, so can your Microbrewery or whatever. It's not legal advice, it's just what's going on now in America.

And all I did with the Colorado State Law was quote it. It literally says "Sale" of Sacramental Wine. It doesn't just say Use, or Manufacture, it says you can make money from it without a license in Colorado.

And this all comes from Prohibition, State Law > Federal Law in this issue. The 18th Amendment started Prohibition, and the 21st Amendment Ended it. The 18th said "Intoxicating Liquors" were illegal. The 21st says that the 18th Amendment is repealed, and that the authority is granted to the States. Which is why we have like dry counties and, States like Oklahoma with like 2% Beer or whatever.

Colorado Law > Federal Law in this issue.
« Last Edit: June 30, 2017, 02:16:44 pm by Sasha »

narvin

  • Guest
Re: Trappist Yeasts
« Reply #39 on: June 30, 2017, 02:35:29 pm »
Colorado Law > Federal Law in this issue.

There are federal taxes and state taxes.  I have no idea what the situation is with the TTB and sacremental wine but saying that state law supercedes federal law is really not true.

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #40 on: June 30, 2017, 02:41:40 pm »
Colorado Law > Federal Law in this issue.

There are federal taxes and state taxes.  I have no idea what the situation is with the TTB and sacremental wine but saying that state law supercedes federal law is really not true.

I can show you the Supreme Court Cases, but here is the wording of the amendments. These are as powerful in effect as the Bill of Rights (Freedom of Speech, etc) in the Courts.

18
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all the territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

21
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #41 on: June 30, 2017, 02:44:15 pm »
The Federal Government doesn't even have the right to set drinking ages. The way the Congress got a unified drinking age across the country was by saying they wouldn't give money from their highway fund to any State that went below a drinking age of 21.

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #42 on: June 30, 2017, 03:39:19 pm »
Here are the Supreme Court Cases, just since I already have them:

Commerce Clause
Granholm v. Heald 544 U.S. 460 (2005)

Other Case Law
North Dakota v. United States495 U.S. 423 (1990)
Bacchus Imports, Ltd. v. Dias 468 U.S. 263 (1984)
Mugler v. Kansas 123 U.S. 623 (1887)
Scott v. Donald 165 U.S. 58 (1897)
Craig v. Boren429 U.S. 190 (1976)
Levitan and Leonardo v.Ashcroft, District Court for DC (No. 99cv00017)
Nebraska and Oklahoma v. Colorado (2016)
« Last Edit: June 30, 2017, 03:51:19 pm by Sasha »

Offline Sasha

  • Brewer
  • ****
  • Posts: 311
Re: Trappist Yeasts
« Reply #43 on: June 30, 2017, 03:49:01 pm »
Here are a few more:
Goesaert v. Cleary, 335 U.S. 464 (1948)
44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996)
South Dakota v. Dole, 483 U.S. 203 (1987)
Hawke v. Smith, 253 U.S. 221 (1920)
Carroll v. United States, 267 U.S. 132 (1925)
Dillon v. Gloss, 256 U.S. 368 (1921)
United States v. Sprague, 282 U.S. 716 (1931)
California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., 445 U.S. 97 (1980)
Collins v. Yosemite Park & Curry Co., 304 U.S. 518 (1938)

narvin

  • Guest
Re: Trappist Yeasts
« Reply #44 on: June 30, 2017, 03:59:14 pm »
The Federal Government doesn't even have the right to set drinking ages. The way the Congress got a unified drinking age across the country was by saying they wouldn't give money from their highway fund to any State that went below a drinking age of 21.

That's true, but they can still taxing it.  Federal excise taxes are baked in to the price of every beer you drink.